Boston Bombing Developments: Saturday

Here's a thread to discuss continuing developments in the Boston Marathon Bombing case and Dzhokhar Tsarnaev. The Federal Defender in MA today said it expects its office to be appointed to be appointed.

One question I did have: News reports have said that Dzhokhar is a U.S. citizen but his brother Tamerlan is not. Yet according to LexisNexis public records, Tamlerlan has two Mass. voter registration records (the entire family -- mom, dad, the 2 brothers and 2 sisters -- was registered to vote.) According to the MA voting website:

Who may register? Only a person who is:

a US citizen, and

a resident of Massachusetts, and

18 years old on or before election day (must still meet registration deadlines set forth below)

Talk of the death penalty is way premature. There is a lot that goes into such a decision, and the heinousness of the crime is but one factor. DOJ's death penalty protocol is here. One important component:

In any case in which (1) the United States Attorney or Assistant Attorney General recommends that the Attorney General authorize seeking the death penalty, or (2) a member of the Capital Review Committee requests a Committee conference, a Capital Case Unit attorney will confer with representatives of the United States Attorney's Office or Department component to establish a date and time for the Capital Review Committee to meet with defense counsel and representatives of the United States Attorney's Office or Department component to consider the case. No final decision to seek the death penalty shall be made if defense counsel has not been afforded an opportunity to present evidence and argument in mitigation.

As to the public safety exception, in addition to the underwear bomber, DOJ used it to interrogate Times Square attempted bomber Faisal Shahzad, who like Dzhokhar Tsarnaev, was a naturalized U.S. citizen. Charges were filed within 2 days of his arrest.

First things first: DOJ should file a Complaint with charges so the Federal Defender can provide him with counsel.

Update: The clever interrogation team not only got Shahzad to talk, they got him to agree to waive his right to appear before a judge (who would appoint him counsel) for 2 weeks. He was held in a safe house where he was interrogated from his arrest on May 3 until May 18. U.S. Attorney Preet Bharara said in a press release:

Following his arrest, Shahzad spoke with officers of the Joint Terrorism Task Force for almost two weeks. During those weeks, Shahzad admitted that he had purchased all of the components of the bomb; built the bomb; and loaded it into his SUV. Shahzad also said that he believed that his bomb would kill about 40 people — and that he had been prepared to conduct additional attacks until he was captured or killed.

A copy of the docket is here. Shahzad pleaded guilty without a plea agreement and was sentenced to life. He did not appeal, and is serving his life sentence at Supermax in Florence.

Just a hypothetical, but provided the captured suspect is a citizen, that puts in play, in some respect, all the dark possibilities regarding what can or can't be done to citizens regarded as terror/enemy of state/war threats. IOW, I think a big fat domestic example liable to be made, in order to scare off others in the future.

Whatever information he has is his most valuable bargaining chip to save his life. He should provide that information to the authorities under the guidance and protection of defense counsel, as soon as he is well enough.

You wrote: "As to the public safety exception, in addition to the underwear bomber, DOJ used it to interrogate Times Square attempted bomber Faisal Shahzad..."

Isn't the Miranda issue about only what evidence is or isn't admissible? Why would it be necessary to use the public safety exception to be entitled to interrogate a suspect who hasn't been informed of his or her Miranda rights? Isn't the permissible duration of confinement about whether or not the suspect has been categorized as an enemy combatant, rather than about whether or not the suspect has been informed of his or her Miranda rights?

when I referred to the permissible duration of confinement, and to categorizing the detainee as an enemy combatant. A person who has not been informed of his or her Miranda rights could be interrogated and could reveal valuable information in less than 48 hours. So I'm still baffled as to what the controversy is here. Glenn Greenwald praised Emily Bazelon for her great analysis... denouncing the DOJ's decision to delay reading Tsarnaev his rights." Greenwald also wrote that "the Obama administration has already rolled back Miranda rights." And Jeralyn referred to "the public safety exception to Miranda rights."

It seems that all the well-informed people I mentioned believe the government has in some way previously deprived detainees of Miranda rights, and is again doing so in the marathon case. I thought the Miranda issue is about only what the judiciary decides is or isn't admissible evidence. I don't see how prosecutors are in a position to "roll back Miranda rights."

I heard it on a news report fairly soon after he was reported dead - are they saying it was deliberate? Because what was reported at the time was that it was an unintended consequence of the driver's effort to get away from police.